Request for Quotes ANNUAL DIESEL FUEL CONTRACT. Public Works Department City of San Mateo San Mateo, CA

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1 Request for Quotes ANNUAL DIESEL FUEL CONTRACT April 16, 2015 Public Works Department City of San Mateo San Mateo, CA 1. The City of San Mateo is inviting request for quotes (RFQ) for the procurement and delivery of red and clear diesel fuel (CARB Ultra Low Sulfur) for the Public Works Department. 2. The work will be performed in accordance with the requirements described in this RFQ and incorporated into Exhibit A: Scope of Services of the attached Agreement for Services between the City and the awarded proposer. 3. Quotes shall be submitted on the attached Unit Price Quotation Form, which will become Exhibit B: Payment Rates of the attached Agreement for Services. Unit prices shall be fixed for the term of the contract which is one (1) year. Due to the as-needed nature of the work, no work is guaranteed on any agreement even if awarded, the actual quantities of work to be performed are not guaranteed. 4. Quotes shall be evaluated based on the unit pricing under the specifications described in #7 Price of this RFQ. Adjustments of unit prices will not be made, regardless of quantity of work performed. 5. The City will attempt to award the agreement to the lowest proposer, subject to meeting the minimum contractor qualifications in this request for quotes, but may base its selection on factors other than price, such as experience, quality of past work, ability to respond quickly, safety compliance, and other factors. The City reserves the right to award an agreement or not to award any agreement. 6. TERM OF AGREEMENT: The term of this Agreement will be for one year beginning July 1, The City of San Mateo and proposer, by mutual agreement, may extend the contract one (1) year at a time from expiration of the initial contract term not to exceed four (4) 1 year extensions. 7. PRICE: Due to the frequent fluctuation in price of fuel, proposers are to quote a differential (+ price) to the OPIS (Oil Price Information Service) daily rack average for the San Jose, CA area for each of the types of fuel requested. The quoted adjustment price /differential must meet the following requirements: a. Quoted differential prices shall be in U.S. Dollars per gallon ($/gallon), must not exceed four (4) decimal places (e.g. $0.1234), and must be listed in the attached Unit Price Quotation Form.

2 b. For the purposes of clear bid comparison, the quoted adjustment price (mark-up or mark-down) is to EXCLUDE the cost of fuel from their proposals, and only factor freight charges, proposer profit, and all miscellaneous charges that may be imposed by the proposer. The OPIS daily rack average for fuel costs is intentionally excluded from the Unit Price Quotation Form for the purpose of price comparison only, but will be applied, as required, at the time of invoicing. c. The quoted adjustment price (mark-up or mark-down) is to EXCLUDE any and all federal taxes, applicable California state sales or use taxes, and any applicable Superfund or Spill Fees. These taxes and fees are intentionally excluded from the Unit Price Quotation Form for the purpose of price comparison only, but will be applied, as required, at the time of invoicing. d. The quoted adjustment price (mark-up or mark-down) will be used in determining the low bid and will be used in determining the price to be paid by the City of San Mateo for red and clear diesel fuel provided pursuant to the Agreement specifications. Any tie bids shall be resolved by the City of San Mateo Public Works Director. e. The quoted differential is to remain firm for the term of the 1-year contract. 8. ESTIMATED QUANTITY: The annual need for clear diesel fuel is approximately 47,000 gallons, and the annual need for red diesel fuel is approximately 22,000 gallons. The figures given are estimates for the bidding purposes only and no minimum or maximum of the product is guaranteed. 9. QUALITY: Diesel fuel delivered shall be CARB Ultra low sulfur. Proposer shall be liable for any and all damages to facilities (including tank, fuel lines, pumps, and dispensers), vehicles, and fuel in storage, which may occur as the result of contaminated fuel or fuel not in compliance with specification. 10. DELIVERY LOCATIONS, TANK CAPACITIES, AND DELIVERY QUANTITIES: The City of San Mateo Public Works Department has two tanks accepting clear diesel, located at 1949 Pacific Blvd., San Mateo, CA There are two underground pump stations and one above-ground storage tank requiring the delivery of red fuel at other locations. The locations of the four delivery points and tank capacities are listed below. Clear Diesel Delivery: 2 above-ground tanks at one location Address 1: Public Works Corporation Yard 1949 Pacific Boulevard San Mateo, CA Tank Capacities: Two (2) 1,800 gallon above-ground storage tanks. Delivery Frequency: Once per week, on-call availability for additional fuel. Estimated Weekly Need: 800-1,000 gallons of clear diesel. Estimated Annual Need: 47,000 gallons of clear diesel.

3 Red Diesel Delivery: 3 Locations, including 1 above-ground tank and 2 underground tanks Address 2: Wastewater Treatment Plant 2050 Detroit Drive San Mateo, CA Tank Capacity: 13,000 gallons, above-ground storage tank. Delivery Frequency: On-call, as requested. Estimated Annual Need: 4,000 gallons of red diesel. Address 3: Dale Avenue Pump Station 1025 Patricia Avenue San Mateo, CA Tank Capacity: 1,800 gallons, underground storage tank. Delivery Frequency: On-call, as requested Estimated Annual Need: 200 gallons of red diesel. Address 4: Marina Lagoon Pump Station 2100 Detroit Drive San Mateo, CA Tank Capacity: 1,800 gallons, underground storage tank. Delivery Frequency: Varies seasonally, as needed. Estimated once per month during summer months and once per every 4-5 days during the winter. Estimated Annual Need: 18,000 gallons of red diesel. 11. DELIVERY TIME: Fuel shall be delivered to the above listed locations and all deliveries shall be supported by a delivery receipt. The delivery of both red and clear diesel will be coordinated with the Administrative Technician for the City of San Mateo Public Works Department. Clear diesel will be delivered on a weekly basis an amount confirmed over the phone prior to the delivery. The delivery of red diesel will be on an on-call, as-needed basis, requested by the City of San Mateo. The City of San Mateo reserves the right to place additional orders for fuel delivery at any time. 12. EMERGENCIES: At all times, proposer will strive to meet emergency fuel requirements of the City of San Mateo. During City of San Mateo, county, state or federal declared emergencies, City of San Mateo fuel requirements shall be the proposer s top priority and be made as soon as possible. In rare circumstances, delivery may be requested for the same business day, and proposer will make best possible effort to make the delivery immediately. Fuel shipments of any quantity shall be available seven days a week, including holidays and weekends. If a separate charge applies to same-day delivery fees, the proposer must state so in the attached Unit Price Quotation Form. 13. PAYMENT: City of San Mateo shall issue payment to the proposer approximately 30 days after receipt of the fuel and the correct original invoice, whichever arrives last. 14. FUEL SPILLS: Proposer shall be responsible for any damage or violations of law caused by any fuel spill during the delivery process. Drivers are to report any spill and the proposer shall pay City of San Mateo for any costs incurred in the cleanup of any spill.

4 15. INSURANCE REQUIREMENTS: The City of San Mateo requires all contracted agencies to obtain the necessary scope of insurance, as described in Exhibit C of the attached Agreement for Services. 16. FUTURE FUEL SPECIFICATION CHANGES: During the term of this Agreement, the City of San Mateo may require a change in the specification of red or clear diesel to comply with any federal, state, or local laws governing fuel properties. In the event that such changes are necessary, the City of San Mateo will notify the proposer in writing of the requested change. The proposer shall provide the City of San Mateo with the added cost per gallon of fuel to the price bid for the original Agreement. If City of San Mateo and proposer cannot reach an agreement on the added cost for the requested change, the Agreement may be terminated by either party. Until termination, the reasonable determination of the City of San Mateo as to the cost of the new fuel shall prevail. 17. TERMINATION OF CONTRACT: In the event that the proposer at any time during the term of this Contract breaches the requirements or conditions of the Contract, the City of San Mateo may immediately terminate its portion of the Agreement and shall pay the proposer only its allowable costs to date of termination. 18. Please submit your completed, sealed Unit Price Quotation Form to the City Clerk s Office, 330 West 20th Avenue, San Mateo, California 94403, by 2:00pm, May 18, Bids will be opened promptly at 2:00pm. Although the apparent lowest bidder will be identified at the bid opening, the proposer will not be selected until City staff has the opportunity to compare and check references. 19. Questions regarding this Request for Quotes (RFQ) may be directed to Cathy Huffington, at (650) or chuffington@cityofsanmateo.org.

5 PUBLIC WORKS DEPARTMENT CITY OF SAN MATEO UNIT PRICE QUOTATION FORM DIESEL FUEL PROCUREMENT AND DELIVERY SERVICES COMPANY NAME DATE COMPANY ADDRESS Before filling out the table below, please be sure to thoroughly understand which costs must be factored in to the quoted differential prices, as described in specification #7 of the RFQ. Please contact Cathy Huffington, (650) or for any questions or concerns. Procurement and Delivery of Clear Diesel (CARB Ultra Low Sulfur) Item No. Description Quoted Differential Price (from OPIS daily rack average) 1 Procurement & delivery of clear diesel to Corporation Yard (1949 Pacific Blvd., San Mateo, CA 94403). 2 Rushed, same-day procurement & delivery of clear diesel (to 1949 Pacific Blvd., San Mateo, CA 94403), if different from Quoted Differential Price listed for Item #1 Procurement and Delivery of Red Diesel (CARB Ultra Low Sulfur) Item No. Description Quoted Differential Price (from OPIS daily rack average) 3 Procurement & delivery of red diesel to Marina Lagoon Pump Station, Wastewater Treatment Plant, and Dale Avenue Pump Station 4 Rushed, same-day procurement & delivery of red diesel to Marina Lagoon Pump Station, Wastewater Treatment Plant, and Dale Avenue Pump Station, if different from Quoted Differential Price listed for Item #3 COMPANY REPRESENTATIVE SIGNATURE: DATE: NAME: TITLE: PHONE:

6 AGREEMENT WITH FOR DIESEL FUEL PROCUREMENT AND DELIVERY SERVICES FOR PUBLIC WORKS ANNUAL FUEL PROCUREMENT This Agreement, made and entered into this day of,, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and, a [insert legal status of contractor here, e.g., individual, corporation, limited partnership, etc.] ("CONTRACTOR"), whose address is. R E C I T A L S : A. CITY desires certain fuel procurement and delivery services hereinafter described. B. CITY desires to engage CONTRACTOR to provide these fuel procurement and delivery services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein. NOW, THEREFORE, IT IS AGREED as follows: SECTION 1 - SCOPE OF SERVICES The scope of services to be performed by CONTRACTOR under this Agreement is as described in Exhibit A to this Agreement, which is attached and incorporated by reference. SECTION 2 - DUTIES OF CONTRACTOR CONTRACTOR shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its work. CONTRACTOR represents that it is qualified to furnish the services described under this Agreement. CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR. CONTRACTOR and his subcontractors shall comply with State s Prevailing Wage Laws. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered and qualified to perform public work pursuant to Section of the Labor Code. For the work performed for the City, the CONTRACTOR and his subcontractors shall pay the workers at the prevailing wage rate as determined by the California Department of Industrial Relations, for this locality. This

7 project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. SECTION 3 - DUTIES OF CITY CITY shall provide pertinent information regarding its requirements for the project. CITY shall examine documents submitted by CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR'S work. SECTION 4 - TERM The services to be performed under this Agreement shall commence on and be completed on or about. SECTION 5 - PAYMENT Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee pursuant to rates stated in Exhibit B, attached and incorporated by reference. SECTION 6 TERMINATION Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice. SECTION 7 - OWNERSHIP OF DOCUMENTS All documents prepared by CONTRACTOR in the performance of this Agreement are and shall be the property of CITY, whether the project for which they are made is executed or not. SECTION 8 - CONFIDENTIALITY All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release. SECTION 9 - INTEREST OF CONTRACTOR CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

8 SECTION 10 - CONTRACTOR'S STATUS It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement. SECTION 11 - INDEMNITY CONTRACTOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR s performance of this Agreement, except for those claims arising out of CITY s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. SECTION 12 - INSURANCE Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement SECTION 13 - NONASSIGNABILITY Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY. SECTION 14 - RELIANCE UPON_SKILL OF CONTRACTOR It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation. SECTION 15 - WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

9 SECTION 16 - COSTS AND ATTORNEY FEES Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement. SECTION 17 - NON-DISCRIMINATION CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. SECTION 18 - MEDIATION Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. SECTION 19 - LITIGATION CONTRACTOR shall testify at CITY'S request if litigation is brought against CITY in connection with CONTRACTOR'S services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR'S wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR'S standard hourly rates at the time of actual testimony.

10 SECTION 20 - NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows: To CITY: To CONTRACTOR: Larry Patterson, City Manager City of San Mateo 330 W. 20 th Ave San Mateo, CA <insert Contactor Business Name> Attn: <address> <City, State, Zip> SECTION 21 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.

11 SECTION 22 - GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement the day and year first above written. CITY OF SAN MATEO Larry Patterson, City Manager CONTRACTOR Signature Printed name and title APPROVED AS TO FORM Caio Arellano, Assistant City Attorney *ADDITIONAL CORPORATE OFFICER If a Corporation, signature must be either 1) President or 2) Vice President plus an additional corporate officer (Secretary, Assistant Secretary, CFO, or Assistant Treasurer) Signature Printed name and title of additional corporate officer

12 EXHIBIT A SCOPE OF SERVICES TERMS OF AGREEMENT: The term of this Agreement will be for one year beginning July 1, The City of San Mateo and proposer, by mutual agreement, may extend the contract one (1) year at a time from expiration of the initial contract term not to exceed four (4) 1 year extensions. ESTIMATED QUANTITY: The annual need for clear diesel fuel is approximately 47,000 gallons, and the annual need for red diesel fuel is approximately 22,000 gallons. The figures given are estimates for the bidding purposes only and no minimum or maximum of the product is guaranteed. QUALITY: Diesel fuel delivered shall be CARB Ultra low sulfur. Proposer shall be liable for any and all damages to facilities (including tank, fuel lines, pumps, and dispensers), vehicles, and fuel in storage, which may occur as the result of contaminated fuel or fuel not in compliance with specification. DELIVERY LOCATIONS, TANK CAPACITIES, AND DELIVERY QUANTITIES: The City of San Mateo Public Works Department has two tanks accepting clear diesel, located at 1949 Pacific Blvd., San Mateo, CA There are two underground pump stations and one aboveground storage tank requiring the delivery of red fuel at other locations. The locations of the four delivery points and tank capacities are listed below. Clear Diesel Delivery: 1 Location, 2 above-ground tanks Address 1: Public Works Corporation Yard 1949 Pacific Boulevard San Mateo, CA Tank Capacities: Two (2) 1,800 gallon above-ground storage tanks. Delivery Frequency: Once per week, on-call availability for additional fuel. Estimated Weekly Need: 800-1,000 gallons of clear diesel. Estimated Annual Need: 47,000 gallons of clear diesel. Red Diesel Delivery: 3 Locations, including 1 above-ground tank and 2 underground tanks Address 2: Wastewater Treatment Plant 2050 Detroit Drive San Mateo, CA Tank Capacity: 13,000 gallons, above-ground storage tank. Delivery Frequency: On-call, as requested. Estimated Annual Need: 4,000 gallons of red diesel.

13 Address 3: Dale Avenue Pump Station 1025 Patricia Avenue San Mateo, CA Tank Capacity: 1,800 gallons, underground storage tank. Delivery Frequency: On-call, as requested Estimated Annual Need: 200 gallons of red diesel. Address 4: Marina Lagoon Pump Station 2100 Detroit Drive San Mateo, CA Tank Capacity: 1,800 gallons, underground storage tank. Delivery Frequency: Varies seasonally, as needed. Estimated once per month during summer months and once per every 4-5 days during the winter. Estimated Annual Need: 18,000 gallons of red diesel. DELIVERY TIME: Fuel shall be delivered to the above listed locations and all deliveries shall be supported by a delivery receipt. The delivery of both red and clear diesel will be coordinated with the Administrative Technician for the City of San Mateo Public Works Department. Clear diesel will be delivered on a weekly basis an amount confirmed over the phone prior to the delivery. The delivery of red diesel will be on an on-call, as-needed basis, requested by the City of San Mateo. The City of San Mateo reserves the right to place additional orders for fuel delivery at any time. EMERGENCIES: At all times, proposer will strive to meet emergency fuel requirements of the City of San Mateo. During City of San Mateo, county, state or federal declared emergencies, City of San Mateo fuel requirements shall be the proposer s top priority and be made as soon as possible. In rare circumstances, delivery may be requested for the same business day, and proposer will make best possible effort to make the delivery immediately. Fuel shipments of any quantity shall be available seven days a week, including holidays and weekends. If a separate charge applies to same-day delivery fees, the proposer must state so in the attached Unit Price Quotation Form. FUEL SPILLS: Proposer shall be responsible for any damage or violations of law caused by any fuel spill during the delivery process. Drivers are to report any spill and the proposer shall pay City of San Mateo for any costs incurred in the cleanup of any spill. FUTURE FUEL SPECIFICATION CHANGES: During the term of this Agreement, the City of San Mateo may require a change in the specification of red or clear diesel to comply with any federal, state, or local laws governing fuel properties. In the event that such changes are necessary, the City of San Mateo will notify the proposer in writing of the requested change. The proposer shall provide the City of San Mateo with the added cost per gallon of fuel to the price bid for the original Agreement. If City of San Mateo and proposer cannot reach an agreement on the added cost for the requested change, the Agreement may be terminated by either party. Until termination, the reasonable determination of the City of San Mateo as to the cost of the new fuel shall prevail.

14 EXHIBIT B PAYMENT RATES The Unit Price Quotation Form for Diesel Fuel Procurement and delivery Services will be included as Exhibit B: Payment Rates.

15 EXHIBIT C INSURANCE REQUIREMENTS MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG covering CGL on an occurrence basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers Compensation: as required by the State of California, with Statutory Limits, and Employer s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of San Mateo, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor s insurance (at least as broad as ISO Form CG 20 10, or both CG and CG forms if later revisions used). Primary Coverage For any claims related to this contract, the Contractor s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or selfinsurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor s insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days prior written notice (10 days for non-payment) has been given to the City.

16 Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best s rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.